The Commission establishes sentencing policies and practices for the federal courts. Each year, the Commission reviews and refines these policies in light of congressional action, decisions from courts of appeals, sentencing-related research, and input from the criminal justice community.

In this section, you can follow the Commission’s work through the amendment cycle as priorities are set, research is performed, testimony is heard, and amendments are adopted.

The U.S. Sentencing Commission is an independent agency in the judicial branch that was created as part of the Sentencing Reform Act of 1984. Commissioners are nominated by the President and confirmed by the Senate. The Attorney General, or the Attorney General’s designee, and the Chair of the U.S. Parole Commission serve as ex officio, nonvoting members of the Commission.

In this section, learn about the Commission’s mission, structure, and ongoing work.

Public Meeting - August 30, 1993

Minutes of the August 30, 1993

United States Sentencing Commission Business Meeting

The meeting was called to order at 1:06 p.m. by Chairman William W. Wilkins, Jr., in the conference room of the Sentencing Commission. The following Commissioners and staff participated:

William W. Wilkins, Jr., Chairman

Julie E. Carnes, Commissioner

Michael S. Gelacak, Commissioner

A. David Mazzone, Commissioner

Ilene H. Nagel, Commissioner

Gary Katzmann, Ex Officio Commissioner

Edward Reilly, Ex Officio Commissioner

Phyllis J. Newton, Staff Director

Paul K. Martin, Deputy Staff Director

John R. Steer, General Counsel

Jeanneine Gabriel, Training and Technical Assistance Specialist

Peter Hoffman, Principal Technical Advisor

Amy LeCocq, Special Counsel

Chairman Wilkins introduced Rosann Greenspan, the new Judicial Fellow, and Sheila Dearybury and Elizabeth Atwater, both who recently joined the Office of General Counsel. He also introduced Probation Officers Joseph A. McNamara (D. VT.) and Pamela J. Lombardini (D. Mass.), both on temporary assignment to the Commission.

Chairman Wilkins welcomed Paul Bergman from the New York Defense Counsel and Julie Stewart of FAMM. Paul Martin stated that in the July 27, 1993, discussion on the prison resources report, the reference to "tough time" would be deleted. Commissioner Nagel explained that her request was for expanded opportunities for boot camps beyond physical requirements. Motion made by Commissioner Carnes to adopt the minutes of the July 27, 1993, meeting. Passed unanimously.

This amendment adds an application note providing that the guideline for cocaine, not cocaine base, is to be used in an unusual case in which non-crack cocaine base is distributed or marketed to be smoked in its current form. It also provides that an upward departure may be warranted in such cases.

Chairman Wilkins proposed amending the commentary to state that cocaine base means crack, and that crack in rocklike form or cocaine base in powder, granules, or paste that was intended to be smoked is to be treated the same.

Mazzone, and Wilkins voted in favor of the proposal, with Commissioners Gelacak and Nagel voting against. Failed, 3-2.

Motion made by Commissioner Nagel to write a letter to Congress requesting withdrawal of the previously submitted crack/cocaine amendment (#15). The Commission would then study the 100 to 1 crack/cocaine ratio, the impact of differential treatment between crack and cocaine, and generally the question of whether higher sentences result for street dealers than manufacturers when crack cocaine is distributed, prior to its being converted into rock/crack. Commissioner Nagel voted in favor of the proposal, with Commissioners Carnes, Mazzone, and Wilkins voting against. Commissioner Gelacak abstained. Failed, 1-3-1.

Motion made by Commissioner Carnes to adopt the recommended amendments to the Statutory Index. Commissioners Carnes, Gelacak, Mazzone, and Wilkins voted in favor. Commissioner Nagel abstained because of the importance of the Child Support Recovery Act of 1992. She would like further investigation of child support recovery cases. Passed, 4-0-1.

Motion made by Commissioner Mazzone to adopt DOJ suggested additions to the Statutory Index, with the substantive subsections listed instead of the now listed penalty subsections. Commission staff and DOJ will review all statutory/guideline references for agreement, with any reference not in agreement deferred until the next amendment cycle. Passed unanimously.

Commissioner Nagel requested DOJ to send all cases under the Child Support Recovery Act of 1992 to the Commission.

16. 3B1.1 Aggravating Role

This amendment resolves a split in the circuits concerning the definition of manager for purposes of 3B1.1.

Motion made by Commissioner Nagel to adopt the proposed substitute amendment (option 3), with the deletion in Application Note 2 of the word extensive. Commissioners Carnes, Mazzone, Nagel, and Wilkins voted in favor, with Commissioner Gelacak voting against. Passed, 4-1.